Children Act 1989

Oral Answers to Questions — Scotland – in the House of Commons at 2:34 pm on 26 January 1994.

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Photo of Mr John Marshall Mr John Marshall , Hendon South 2:34, 26 January 1994

To ask the Secretary of State for Scotland what proposals there are to introduce a children Bill with similar provisions to the Children Act 1989.

Photo of Mr Ian Lang Mr Ian Lang , Galloway and Upper Nithsdale

Our proposals for the reform of Scottish child care policy and law are set out in the White Paper, "Scotland's Children", which we published last August. We hope to bring forward a Bill when we are ready to do so.

Photo of Mr John Marshall Mr John Marshall , Hendon South

Does my right hon. Friend agree that it is anomalous that children in Scotland do not have the same protection that children in England receive under the 1989 Act? Can he tell me what representations he has received since the White Paper was published last August?

Photo of Mr Ian Lang Mr Ian Lang , Galloway and Upper Nithsdale

I assure my hon. Friend that we attach every bit as much importance to that subject in Scotland as is attached to it south of the border. The procedures are different, and have been different for a long time, in some respects. I do not see a weakness in that, so long as the provisions are efficient. As for representations, the publication of the White Paper was itself the culmination of a protracted and prolonged consultation process, and it draws together a number of submissions and reports on issues that have been the subject of consultation, to help us to develop an integrated approach to that important subject.

Photo of Dr Norman Godman Dr Norman Godman , Greenock and Port Glasgow

Why are Ministers and their compliant officials dragging their feet on this important issue? The English legislation went through the House six years ago. As convenor of the Scottish all-party group on children and child law reform, I tell the Secretary of State that there is a critical need for such legislation, especially for children with disabilities and special needs—and the disruption to local government that will be caused by the Secretary of State's appalling legislation makes that need even more critical. Those children should be at the forefront of legislation going through the House now.

Photo of Mr Ian Lang Mr Ian Lang , Galloway and Upper Nithsdale

Legislation is certainly necessary on some aspects of our proposals, but we should keep the matter in perspective. A substantial proportion of the proposals that have been the subject of consultation and are touched on in the White Paper can be implemented, and indeed are being implemented, without the need for legislation. However, where legislation is needed we shall introduce it at the appropriate time.

Photo of Rt Hon David Trimble Rt Hon David Trimble , Upper Bann

I notice that there is a similar delay with the equivalent legislation in Northern Ireland, where we, too, are five years behind the English legislation. Is it a matter of policy to delay the legislation, or are there particular problems in framing it, as in Northern Ireland, where there seems to be a lack of resources in the parliamentary draftsman's office? Is there the same problem in Scotland?

Photo of Mr Ian Lang Mr Ian Lang , Galloway and Upper Nithsdale

I am happy to be able to reassure the hon. Gentleman that there is no such problem in Scotland. Indeed, a substantial number of provisions are already being implemented. When we are ready to introduce considered legislation for the remainder we shall not hesitate to do so.

Photo of Mrs Maria Fyfe Mrs Maria Fyfe , Glasgow Maryhill

In the International Year of the Family, has the Secretary of State realised that, to our shame, we have the worst child care in Europe, and that we have been waiting for more than five years for a children Act? His White Paper last August claimed that such a Bill was a priority, yet there was not a word about it in the Queen's Speech. Clearly, gerrymandering local authority boundaries has a higher priority than looking after children. Does the right hon. Gentleman's reply to the hon. Member for Hendon, South (Mr. Marshall) mean that we shall have to look for bits and pieces of legislation tacked on to other Acts? When are we ever to have a decent, comprehensive children Act, such as one, as hon. Members have pointed out, which was passed in England five years ago? Why is the Secretary of State so neglectful of children in Scotland?

Photo of Mr Ian Lang Mr Ian Lang , Galloway and Upper Nithsdale

The hon. Lady considerably misrepresents the position and I am surprised that, above all, in an area which should not be subject to cross-party dispute, she should seek to talk Scotland down. The provisions for Scotland are already in place, are in operation and are envied worldwide. The children's hearing system, especially, is something which many other countries look to with considerable admiration.